Instructor: Dan Cline
Addresses, phone numbers, etc can be found on the front page

Focus: This course is designed for teachers, principals, superintendents, board members, and special education administrators (or wannabe administrators). The course will deal extensively with federal/state laws and regulations and with administrative and civil court actions in the determination of the status of services to children with disabilities. The role of executive, legislative and judicial bodies will be examined vis a vis legal, ethical, and procedural parameters that provide direction for school practitioners and policy makers. The major emphasis will be on difficult policy issues and day-to-day professional decision making dilemmas of current interest. A major goal of the instructor is to provide students with the knowledge base and analytical tools for intelligent decision making in competent professional practice at the school building level.

Objectives: To provide the student with a basic understanding of:

1. the scope of special education as determined by the relationship between educational, legal, and fiscal influences at federal, state and local levels;

2. the role of educational service agencies and other intermediate units in the operation of special education;

3. the organization and role of state education agencies and related state level entities in the provision of education and related services with particular emphasis on implications for local practitioners;

4. the constitutional, statutory, and regulatory basis for the provision and control of special education services at the state and local school levels;

5. due process in special education;

6. federal and state administrative authority;

7. the influence of administrative rulings and court decisions as expressed in case law standards that guide local practice.
 

It is assumed that the student has some knowledge of the characteristics of handicapped children and programs that serve them. Those who do not are urged to pursue appropriate introductory texts on these topics.
 

Required Materials:

Rothstein, Laura M. (2000)  Special Education Law (3nd ed.). New York: Longman.

EDAD 6423 Policy Manual, to be provided by me.

Cline, D. Module Five: Fundamentals of Special Education Law with an Emphasis on Discipline. In Skills Based Training for School Administrators: Insuring Appropriate Education for Students with Emotional and Behavioral Disorders, edited by D. H. Cline & S. Braaten, Minneapolis, MN: Minnesota Department of Public Instruction, 1994.

Other suggested or required readings will be provided by the instructor, placed on reserve in the library or linked from this web. I will provide a comprehensive set of study questions.

Other source materials: In addition to handouts, the primary reference for legal research is the Individuals with Disabilities Education Law Report (formerly Education of the Handicapped Law Report). This is a multiple volume set with complete indexes and full text of all statutes, regulations, and legal decisions. Another source is West Education Law Report.  Both reporter systems can be found in the Ellis library. An  ERIC  search will yield articles on legal issues. There are also law journals, such as Law and Contemporary Problems that can be of great use to students. I also have references and files that may contain useful material.

Possibly the most important resource for students will be found on my Diversions page, specifically the links under legal Resources, Social Science Resources and Searchable Databases.

Instructional Methodology. Early class sessions will consist primarily of  background and basic legal foundations following a pretty much traditional lecture and discussion format. The balance of the course follows variations of the jurisprudential inquiry model of instruction with a smattering of the Socratic method. Activities will consist primarily of case studies where students will convene as juries to render collaborative judgments on real cases.

Course Requirements, Percent of Grade

I. One written project............................................................30%

II. Three court case briefs, each from a different area
of litigation (e.g., communicable diseases,
ADHD, school nursing services) 15 % each ..........................45%

III. Final Exam .....................................................................35%

points = 1000

I have provided a model case brief. Use the format and section headers to organize your reading of cases and to format the written presentation. Go here for a copy.

Students may elect one of two options for the written project. The first option is to review the case law on a topic of practical interest. An example will be distributed in class. The second option is an analysis of local special education policy and practice in relation to regulatory, statutory, and case law standards. Some more detailed guidelines for the projects can be found on another page.

The written project complies with the requirement for a field experience in each educational administration course.

Students are expected to share their learning with colleagues by (a) providing everyone with a copy of case briefs and (b) making a brief oral presentation on the briefs and projects.

Criteria for grade

-- quality of written expression; mechanics, clarity, organization, facility with the English language, development of thoughts and ideas, relevance to the course content.

-- products must be typed, double spaced, and error free.

-- non-legal references should follow the Publication Manual of the American Psychological Association; statutory, regulatory, and published judicial and administrative decisions should follow the format used by the legal profession.

Recommendation. Cheap handbooks on written composition are typically available at the bookstore for purchase by students who enroll in English composition classes. One that has been used in the past is Strunk and White, The Elements of Style. This is a classic for writing right. You can probably get it at the Indian Mall for around five bucks

-- Demonstration of satisfactory mastery of case law, statutory and regulatory material, ability to apply the knowledge base to thinking critically about the ethical, substantive and procedural problems in programming for students with disabilities.

Grades: A = 90 - 100%; B = 80 - 89%; C = less than 80%
 

Schedule Modifications: The sequence of material will follow approximately the outline suggested by the table of contents in the text, but will need to be adjusted according to circumstances that make themselves known as the semester progresses.

Absences: Students who find it necessary to be absent are nonetheless responsible for the material covered while absent.

federal and state law pertaining to the education and treatment of handicapped persons.

administrative due process, litigation in the courts:

access to education, zero reject

testing, classification, placement

individualized and appropriate education

least restrictive environment, AKA mainstreaming; AKA Inclusion

related services

procedural due process

parent participation, student rights

communicable diseases, life threatening conditions

Buckley Amendment (confidentiality of records and disability status)

tort action, compensatory and punitive damages

educational malpractice

sovereign immunity

school nursing services, school health

residential placements

private insurance, third party payers

medical services, psychiatric services, private placements

barriers and accommodations

graduation, termination of services

suspension, expulsion, punishment, aversive controls

school transportation

Americans with Disabilities Act

attorney fees and costs

extended school year, day

harassment, retaliation, protected activities

administrative culpability

competent jurisdiction, judicial discretion

rules of civil procedure

academic modifications

attention deficit disorder, conduct disorder

transition services

infants and toddlers

others as suggested by students or as they develop in this rapidly moving field.